R.BANUMATHI, J. - (1.) THIS writ petition has been filed (i) for quashing the portion of sub -rule (2) of Rule 12 of the Jharkhand Jansewak (Recruitment and Condition of Service) Rules (Amendment), 2012 as arbitrary, discriminatory, ultra vires and violative of the provisions of Article 14 of the Constitution of India and (ii) for direction to the respondents to prepare a common gradation list of the Village Level Workers (VLWs) working in the Department as per the seniority reckoning from the date of joining on the aforesaid post and only thereafter to grant promotion to the VLWs.
(2.) BRIEF facts: - In the erstwhile Bihar, for recruitment of Jan Sevak/Village Level Worker, V.L.W (Recruitment & Condition of Service) Rules, 1958 was introduced. As per Rule 9(iii), (iv) and (v), the selected candidates would undergo such training for such period at a basic agriculture school as may be prescribed from time to time and certain number of successful candidates may be required to undergo further training for six months. The circular dated 10.11.1984 was issued by the Joint Secretary, Department of Rural Rehabilitation & Panchayati Raj, Government of Bihar, regarding appointment of VLWs and the members of the petitioner Association were appointed in pursuance of the aforesaid letter dated 10.11.1984 and joined the post in the year 1985 as VLWs in the Rural Development Department and were controlled by the provisions contained in the letter no.10622 dated 10.11.1984. In 1987, the erstwhile State of Bihar enacted Jan Sewak And Village Extension Workers (Recruitment & Condition of Service) Rules, 1987 providing therein the mode and manner for appointment of Jan Sewaks. In the aforesaid Rules, three separate criteria were provided for appointment of Jan Sewak ­ (a) candidates selected till 31.3.1990 having educational qualification of Matric were required to undergo one year successful training and after training those candidates were appointed on the post of Jan Sewaks and those candidates were to undergo one year further training during their service tenure (b) candidates selected after 31.3.1990 having educational qualification Matric were required to undergo full training of 2 years and thereafter they were appointed on the post of Jan Sewaks and (c) candidates having educational qualification of Graduation in Agriculture or higher degree were only required to undergo three months training and thereafter they were required to appear in a limited written examination and if those candidates failed in the written examination, they were required to undergo normal training, i.e. for one year or 2 year as the case may be. The Agriculture and Sugarcane Department, Government of Jharkhand, introduced VLWs (Recruitment & Service Condition) Rules, 2011, in which the minimum qualification for appointment of VLWs prescribed is Intermediate in Science with three subjects out of four subjects, namely, Physics, Chemistry, Biology and Mathematics and training period has also been reduced to six months. Rule 12 had been introduced creating avenue for promotion. As per Rule 12.1, the promotion of VLWs would be made according to seniority as per the State list prepared by the Director, Agriculture. In terms of Rule 17 of the VLWs (R & S Condition) Rules, 2011, has repealed 1987 Rules, but all the actions and orders issued under the repealed Rules shall not be affected.
(3.) THE Agriculture and Sugarcane Department, Government of Jharkhand, amended the aforesaid VLWs (R & S Condition) Rules, 2011 through Jansewak (Recruitment & Condition of Service) Rules (Amendment), 2012, whereby sub -rule (2) of Rule 12 has been introduced. In Rule 12(2), it was provided that only VLWs (fully trained) would get promotion to the post of Block Agriculture Officer. As per Rule 12(2), 50% of the post of Block Agriculture Officer (BAO) shall be filled up by direct recruitment. Remaining 50% of the post of BAO shall be filled up by promoting Jan Sewaks, i.e. 25% from Agricultural Graduates with full training and another 25% from Non -Agrictural Graduates with full training. Case of the Petitioner: - The petitioner is a representative body of VLWs, who are posted in different blocks in the State of Jharkhand and they have been appointed in pursuance of and are controlled by the provisions contained in letter no.10622 dated 10.11.1984. The petitioner -Association challenges sub -rule (2) of Rule 12 as arbitrary, illegal, discriminatory and violative of the provisions of Article 14 of the Constitution of India. According to the petitioner, with the implementation of the Jan Sewak (R and S Condition) (Amendment) Rules, 2012, the members of the Association, who have joined the service in 1985 and whose appointment were made as per the then existing VLWs (R and S Condition) Rules, 1958, will be deprived from being considered for their promotion to the post of Block Agriculture Officer. As per the provisions contained in the Jan Sewak (R and S Condition)(Amendment) Rules, 2012, only fully trained VLWs are to be considered for promotion to the post of Block Agriculture Officer and the same is arbitrary. The members of the petitioner Association cannot be denied their promotion to the post of Block Agriculture Officer on the ground that the members of the petitioner Association have not undergone full training. In spite of the fact that the petitioner -Association has been making representation to give training to the members of the petitioner -Association, the concerned authorities of the State Government had failed to provide them full training. The members of the petitioner -Association are working as VLWs for 27 years and are entitled to be considered for promotion. Rule 12.2 of the Jan Sewak (R and S Condition)(Amendment) Rules, 2012, provides for promotion only to those with "full training". In spite of repeated representations, the members of the petitioner -Association were not given training and therefore, the members of the petitioner -Association cannot be deprived of their promotional opportunities. Rule 12.2.1 of the Jan Sewak (R and S Condition)(Amendment) Rules, 2012, prescribing full training of VLWs for being considered for promotion is arbitrary. The respondents are bound to prepare a common gradation list of VLWs working in the Department before granting promotion to the post of Block Agriculture Officer so that the members of the petitioner Association may not face hostile discrimination. Hence, the writ petition. ;